Whereas, the contestant and plista anticipate that plista may disclose or deliver to the contestant certain confidential technical and/or business related information linked to plista or users of the website and whereas plista desires to assure that the confidentiality of any of this confidential information is maintained.
Now, therefore in consideration of the foregoing premises, and the mutual covenants contained herein, plista and the contestant hereby agree as follows:
§ 1 Definitions
- „Confidential information” for the purpose of this agreement shall mean all company and business secrets relating to the company which are made available to the contestant after conclusion of this agreement. This refers in particular user data being transmitted to the contestant.
- In case of doubt technical, commercial or personal transactions which are made available to the contestant during the contest, such as data relating to web page impressions or click feedback, are referred to as confidential information.
- Notwithstanding the above, the parties agree that information shall not be deemed confidential information and the contestant shall have no obligation to hold in confidence such information which:
- is available to the general public at the time of disclosure or became available to the general public thereafter, without a breach of contract;
- is already legitimately in the possession of the receiving party at the time of transmission;
- have been disclosed to the contestant without the infringement of a duty of confidentiality;
- is shown to plista by contestant, within one week from receipt of confidential information, by underlying documentation to have been known by contestant before receipt from plista.
§ 2 Duties
- By entering into this agreement the contestant acknowledges to hold in trust and confidence, and not disclose to any third party or others or use for contestant´s own benefit or for the benefit of another, any confidential information, especially company and business secrets, which is disclosed by plista. The contestant agrees to keep all reasonable matters to ensure that confidential information named in article 1 of this agreement is kept confidential and not disclosed or used by third parties.
- The above obligation to keep confidential information secret shall remain in full force and effect for the duration of the contest and shall survive and continue after any expiration or termination of this agreement and 12 months after the contest is finished.
§ 3 Handling / Return of Confidential Information
- The contestant is obliged to refrain from using confidential information which is made available to him/her after conclusion of this agreement for others than purposes relating to the contest, from copying, reproducing or disclosing confidential information to any third party without prior written approval from the company. All confidential information disclosed under this agreement shall be and remain the property of plista and nothing contained in this agreement shall be construed as granting or conferring any rights to such confidential information on the contestant.
- Upon completion of the contest the contestant is obliged to promptly return or destroy all confidential information delivered by plista.
§ 4 Consequences for breach of agreement
- Any breach by the contestant of any of his/her obligations under this agreement will entitle plista to injunctive and other equitable relief to prevent such breach or to remedy an actual breach, in addition to any other remedies which may be available to it. plista especially is entitled to claim damages and other costs from the contestant resulting from the breach of this agreement.
§ 5 General Provisions
- This agreement contains all agreements made between the parties in respect of the subject matter hereof and shall supersede all previous agreements, written or oral, agreed between the parties in respect of the subject matter hereof. No ancillary agreements to this agreement have been made. Changes and amendments to this agreement must be made in writing in order to be valid.
- This agreement shall be governed by German law with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the International Private Law (IPR). If legally permitted the parties agree on the exclusive jurisdiction of the local courts in Berlin in respect of any disputes arising out of or in connection with this agreement.
- Should any provision of this agreement be or become invalid, ineffective or unenforceable, the remaining provisions shall remain valid. The parties undertake to replace the invalid, ineffective or unenforceable provision by a valid, effective and enforceable provision which comes as close as possible to the economic interests of the parties. This shall also apply in the event of a contractual gap.